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15/01276/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01276/B Applicant : Tynwald Mills (IOM) Limited Proposal : Erection of a marquee adjacent to overflow car park to be used for promotional events, charity functions, exhibitions, children's activities, and leisure activities including ice rink and roller skating (retrospective) Site Address : Car Park Tynwald Mills Road St Johns Isle Of Man
Case Officer : Miss Jennifer Chance Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSAL
Site 1.1 The application site is field numbers 314702 and 314703. The site sits to the north of the Tynwald Mills site and car park. The land is used as a car park. There is a marquee towards one side of the field for which retrospective approval is sought by way of this application.
1.2 The site sits in a valley, alongside the River Neb. There is a thick line of trees to the north of the site.
The proposal 2.1 Proposed is the retention of a marquee. The marquee measures 20m by 30m (600sqm) and is 7.34m to its peak. It is constructed of a white PVC coated fabric with white framed glazed units.
2.2 The stated proposed uses would be for promotional events, charity functions, exhibitions, children's activities, and leisure activities including ice rink and roller skating.
2.3 The application contained supporting information. A summary of this is:
o Following approval for a marquee in the overflow car park at Tynwald Mills in 2008 several marquees were erected. o Recently a marquee has been used for an ice rink. o Two years ago a new marquee was purchased with a more suitable open span structure that better suited quality events. The decision to buy it was difficult, a significant investment. Up until this time we rented from the UK but the cost proved prohibitive. o The new marquee provides better space but the cost of dismantling and erecting the structure was underestimated. This costs circa £10K. o None of the current events provide a real profit, rather a supporting facility or community event. The events are critical to the health of the retail business at Tynwald Mills.
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o There are no other suitable venues for such events, at least none of the nature and size of the marquee that can provide a venue at such low cost to the user; this is particularly true of the ice rink; this event was picked up only after a project failed in the Villa Marina because of cost. o We propose that the new use would now be controlled by conditions, conditions that do not require the dismantling and reassembly of the marquee each time. o We would landscape the field to mitigate the visual impact. o Propose conditions of use to be that the marquee would not be used at all during the period from when the ice rink operation closes in January to March each year, the marquee would not operate before 8am or after 10:30 pm, except for 6 events each year and then not beyond 1 am. o Despite online shopping and a retail market that has contracted by 21%, Tynwald Mill has continued to grow and contribute to the Isle of Man economy employing over 100 staff and supporting many local businesses through the product that we buy locally and stock. o brands are flagship some of which involve a complex working relationship. o Primary focus is fashion. o Looking forward it is important that we continue to grow and contribute to the Isle of Man economy. Events are one area which we feel can add to this on 2 levels. Firstly by increasing footfall to the site and secondly creating a sizeable indoor space which the island currently lacks. o The Deli has seen a growth in popularity offering a premium everyday shop or delivering where possible local seasonal luxuries. The deli has over 75 different international cheeses. o We provide a base for the local farmer's market. o House and Home has undergone a refit doubling the floorspace and transforming the courtyard o The café has been refurbished. o Further investment will include a modern toilet block, external amendments, improving access, create space for new departments. o We try to give back to the community - the marquee is to be a community space enabling charities and community projects to make use of a non-weather dependent location. o The uses have raised a significant amount for charity particularly from ice skating. The Live at Home scheme also made use of the space for international friendship day producing an afternoon tea for 200 people. o A marquee on the site has been granted twice from Easter to October. To incorporate ice skating in December we have asked to keep the structure for 5 years as it sits outside the current planning consent. The temporary structure is expensive to erect and we would rather carry on donating a large sum to local charities rather than erecting and disassembling it. At present there is not a cost effective location for a charity to hold large events. Charities expressing an interest in 2016 for using the marquee are Save the Children; Manx Riding for the Disabled; Volunteers Week; RNLI; Bridge the Gap, Crossroads Carers; Manx Live at Home Scheme; French Market; Space to exhibit Space Station.
2.4 A Traffic Impact Assessment was provided following a request from the case officer. See below for details.
Planning History
3.1 In the 1980s Tynwald Mills was used as a craft centre where the making of such things as perfume and yarn was carried out and products made on site then sold. It has a long planning history, with 43 or so applications submitted since the mid-1980s. It is noted that certainly in the mid-1990s the centre was still partly craft and partly retail, with applications in 1996 and 1997 setting out that the site must only be used in the manner indicated on the drawings, and noting that 'the Planning Committee consider that the works as proposed will consolidate previous piece-meal extensions and approval is unlikely to be given to further extensions.' It is not clear from the planning history when the centre changed to becoming solely retail (with the exception of an art studio on the first floor of one of the buildings), as there does not appear to be a specific application for that purpose. Nevertheless, the site has been primarily in retail use for a number of years now.
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3.2 Similarly, there is no application to use the fields, the subject of this application, as an overflow car park, although applications as far back as 1993 show it as such. It is noted in later applications, such as the one in 2000 (see below) that Mr Jeavons, proprietor of Tynwald Mills said the overflow car park was only used on bank holidays, Sundays and around Christmas. He states the meadow provides an excellent village green type atmosphere where people can play and picnic.
3.3 Until recently, the fields were laid to grass, but have now been laid with crushed stone, for which no planning approval has been sought, and usually has a few cars parked there. They are therefore now used as a car park and have ceased to have the appearance of fields.
3.4 Approval was given on appeal for a summer marquee in 2001 (00/01824). The application had been initially refused by the Planning Committee for the following reasons:
The erection of a marquee on this site from Easter to October each year would introduce a new building at the Mills complex, albeit on a semi-permanent basis. This would be contrary to the St John's Local Plan, particularly policy C/P/3 which states that 'Apart from minor alterations to and renovations of existing buildings to tourism/craft uses, no further buildings shall be permitted at the Tynwald Mills centre'. 2. By reason of its general design, the marquee would not sit comfortably in the landscape as seen from the highway as it passes the site and proceeds up to the Poortown Road. It would adversely affect the generally rural nature and character of the areas for a period each year which could exceed 7 months. 3. The building would remove valuable parking spaces from the overspill car park and at the same time increase the demand for parking when being used for exhibitions and event; all to the detriment of the overall parking capacity of the Mills complex.
3.5 The appellants argued that marquees were erected 4 times each summer (NB no approval can be found for this), and that Tynwald Mills is more than just a retail centre: it plays an increasingly important part in the community, having a lead role in visual arts and it provides a home for the Manx Wildlife Trust as well as other groups covering arts, education, local charities and churches. It was stated that the marquee would be used for events such as dog shows or art festivals. In response to concerns that its use would become regular it was confirmed that it was not their intention to have a multiple use of the facility that could lead to the sort of car boot sale type of approach. At concern expressed that it might lead to a permanent facility, the applicant said that they would be happy for this to be specifically excluded by condition.
3.6 The Inspector, in his conclusions, set out that 'there are a number of factors in this case that lead me to conclude that the proposed marquee is acceptable. Firstly the marquee would only be erected on the land for about 7 months each year. Secondly, a marquee does not have the appearance of a permanent building. Thirdly, marquees are erected on this land during the summer and serve the same purpose as the appeal proposal. Indeed a blue and white stripped marquee, smaller than that proposed in this appeal, was on the land when I visited the area. The grant of planning permission would give the Planning Committee control over the appearance of the marquee. A plain coloured marquee would be less prominent than the marquee that was on the land when I saw it. Fourthly, although the marquee would be seen in a predominantly rural setting and against a backdrop of trees, it would not be visually unacceptable, because it does not have the appearance of a permanent structure. In addition, the marquee would not add materially to the level of activity generated by the centre, since it would be used mainly as a 'shop window' by existing businesses. Local groups associated with the centre would find the marquee a useful facility and would reinforce the social role that the centre plays in the life of the community. Although the car park would lose between 20 and 30 spaces, this number represents a small proportion of the total number of spaces that are available. More importantly, these spaces would be available before Christmas, which is the time when the Tynwald Mills centre attracts the greatest number of customers.'
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3.7 Planning approval (07/01840/B) was granted in on 15 February 2008 for the erection of a marquee measuring 270sqm (4m high). The 2007 approval was subject to a number of conditions, summarised as follows:
o the approval be taken up within the 4 years; o the marquee may only be erected and used between Easter and 1 October each year; o details of the colour of the marquee shall be submitted and approved; o there shall be no displays or exhibitions outside of the marquee; o it not be used between the hours of 10pm and 8am; and o it only be used for promotional events and product exhibitions in association with businesses currently operating at Tynwald Mills.
3.8 In monitoring the compliance of conditions, the planning office wrote to Tynwald Mills in June and October 2012 setting out that the condition relating to the colour of the marquee had not been discharged. On 29 October 2012 Tynwald Mills, in a telephone conversation, confirmed that they had not implemented the approval. The planning office advised that the approval had therefore expired.
3.9 In April of 2015 the planning office received a query regarding the status of a structure that had been erected around Christmas 2014 for use as an ice rink and the increasing permanence of the car park surrounding it. Concerns were also raised in respect of other uses to which the marquee was being put including evening events. The operator was advised planning approval was required in July 2015.
Development Plan Policies 4.1 The site lies within the area covered by the St John's Local Plan 1999. It is not designated for development. The annotation confirms that the trees on site are registered. The site also lies within a Proposed Conservation Area.
4.2 Policy C/P/1 and para 6.1 of the St John's Local Plan discourages new retail development in the village unless it is appropriate in scale and character to the village and suggests in that event, existing buildings should be used.
4.3 Policy C/P/3 states that 'Apart from minor alterations to and renovations of existing buildings to Tourist/Craft uses, no further buildings shall be permitted at the Tynwald Mills Centre'.
4.4 Paragraph 9.4 of the Plan states: 'On site parking and traffic movement have over recent years been major problems at the Tynwald Mills complex particularly during weekends and summer months. The recent opening of the new car park has eased the parking problems, and in addition, provision now exists for overflow parking in the adjoining Meadow Field (the site the subject of this application). Notwithstanding these recent improvements, it is not considered appropriate to allow any further new development at Tynwald Mills on the grounds that any further intensification in use of the complex will exacerbate traffic movement problems on the narrow access roads to the complex which could ultimately lead to a need to widen these roads. Further development would also go beyond the original theme for the centre of utilising the existing mill buildings. It is considered that it would be undesirable as it would alter the existing rural character of this area.'
4.5 Policy TPP/P/2 states: 'The highway network which serves the immediate area surrounding Tynwald Hill and giving access to the Tynwald Mills Complex should retain its present natural character. There will be a presumption against any major works which would alter the widths, gradients and visual impact with a resultant adverse impact on the visual character or appearance of the area'.
4.6 The Isle of Man Strategic Plan 2016 sets out the island's strategic and spatial objectives. Paragraph 2.6 states the Strategic Aim (is) to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the
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community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
4.7 Strategic Policy 5 seeks for all new development, including individual buildings to be designed to make a positive contribution to the environment of the Island.
4.8 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) Minimise journeys, especially by private car; (b) Make best use of public transport; (c) Not adversely affect highway safety for all users, and (d) Encourage pedestrian movement.
4.9 Spatial Policy 5 sets out clearly that: 'New development will be located within defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'
4.10 General Policy 3 provides for those exceptions where development may be appropriate in the countryside. The application proposal does not meet any of those exceptions.
4.11 Environment Policy 1: 'The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 of which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative'.
4.12 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution'.
4.13 Community Policy 2: 'New community facilities should be located to serve the local population and be accessible to non- car users, and should where possible re-use existing vacant or underused buildings'.
4.14 Transport Policy 1: 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes'.
4.15 Transport Policy 4: 'The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicles and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objective of the plan'.
Other material considerations:
5.1 The Agenda for Change sets out one of the priorities for Government is growing the economy. Economic growth brings jobs and investment to our Island. We must maintain and support the sectors we have while developing and attracting new sectors. We must also ensure that we have an economically active population that helps support growth.
Representations
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6.1 Highway Services: Do not object (26.11.15). Following receipt of Traffic Impact Assessment, do not oppose (1.4.16)
German Parish Commissioners 6.2 (7-1-16) Object to this application on the grounds that the land is not zoned for such a development and the Commissioners have been advised that in 1990 Mr Jeavons gave an undertaking that the field was to be retained for the grazing of Loaghtan sheep; this did not happen and a temporary overflow car park was formed for which the Commissioners cannot trace a planning application, the field having now been gravelled to allow cars to use it. This is not a marquee in the sense of the word, it is permanent building which has been in situ for around 12 months without planning permission and to the Commissioners knowledge it has no toilet facilities and no permanent electricity supply. The building is totally divorced from the rest of the Mills complex and is out of keeping with the more traditional buildings which make up the Mills complex. There are concerns about extra traffic on the small road which leads to the Mill and the neighbours have great concerns with regard to noise emanating from the building.
6.3 (18-4-16) Wish to point out that the address on the application form is listed as car park, which is incorrect as there is no planning permission granted for the conversion of the field to a car park. Continue to object. Tynwald Mills have contradicted what they told the Commissioners at a meeting, where they were informed that the marquee will only be used for around 4 or 5 charitable events per year yet the applicants themselves have been advertising an indoor airsoft target arena over the Easter period and now a giant indoor car boot sale. This is in addition to the marquee being used as a skating rink over Christmas, hardly charity events.
Cornmill Cottage 6.4 (5-12-15) Object to further permanent presence of the marquee located in the field at Tynwald Mills. The roads leading to the Mills are unsuitable for the amount of traffic the Mills generate already. Large delivery vehicles have to use Glen Mooar Loop Road for access as it is too narrow for them to turn right at the cross roads by the bridge. Thought the marquee was temporary for ice skating last year, was surprised it was still there a year later. In October 2 functions were held which had loud music playing until late. There was no notification of these events. What started off as a temporary venue is now becoming permanent.
6.5 (5-4-16) Having read the report by Sanderson Engineering [this is the Traffic Impact Assessment referred to earlier in this report] para 2.12 correctly states that there are no footpaths and the roads are narrow, but it is completely wrong to argue that this puts off pedestrians. At all times, particularly weekends, pedestrians use these roads, including families with young children and dog walkers. We also have a lot of dog walking in the area. I am well aware of the traffic, pedestrian and motorised, that goes past my gate.
Mill House 6.6 (4-12-15) Object to marquee in overflow car park becoming permanent. It has been left up since Christmas 2014 without permission. We were told about two 'charity events' a week before and asked for the music to finish at 11 but they both went on after 1pm. Only afterwards did we find out that the first one was for Manx Telecom and it wasn't a charity event at all. The established use for this area is retail opening 7 days a week until 5.30 with all the traffic, delivery trucks down narrow lanes. To add evening functions we would have traffic 24 hours a day which is unacceptable. There must be premises already in the island waiting for this type of business. At Mill House we already have functions going on day at night at the Mill Meeting Centre. No more traffic/noise please.
6.7 (18-4-16) Wonder, after reading the (traffic) report whether it is truly independent. The report states that there have been no complaints. We complain about traffic, parking, lights and noise. Some things are dealt with, but then it goes back to how it was. Maybe a record is not kept. The
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traffic count is taken on only 4 days. It does not give a proper overall view. Screen planting will not hide a bright white marquee or stop the noise.
6.8 (25-4-16) The marquee continues to be used - for a car boot sale.
BallaKilley 6.9 (3-12-15) Object to any further permanent presence of the marquee in the so called overflow car park at Tynwald Mills. I refer to my letter of 11 October 2000 which comments on the potential for a marquee and Mr Jeavons had given an undertaking in 1990 that the field was to be retained for the grazing of Loaghtan Sheep. The presence of the marquee is an act of stealth on the part of the management of Tynwald Mills in that an attempt has clearly been made to alter a short term concept to a permanent fixture. I have strongly objected to this concept in the past. The planning application mentions promotional events, charity functions, exhibitions, children's activities and leisure activities, all of which would have an adverse effect on local residents' ability to pursue the quiet enjoyment of the rural location. There have been two recent functions, both of which have had music on until 1 in the morning, the first was for Manx Telecom and was not a charity event. I was notified of the second which was for Hospice Care to see if I objected, which I did, but it went ahead anyway and I was not notified in advance that it was to proceed. Since planning permission has not yet been granted for this edifice questions arise concerning the holding of gathering relating to fire hazards, insurance issues and public liability. The lack of insurance would have severe implications for the local residents and attendees of events in the event of a fire or accident taking place. It is clear that although permission has not been granted for such events they have gone ahead anyway demonstrating a complete disregard for the feelings and interests of local residents and the safety of attendees. The volume of traffic has steadily increased in the past years as the activities at the Mills has expanded leading to major congestion, particularly at weekends. Promotional events, charity functions and children's activities will lead to high concentrations of traffic specifically for such events rather than the already heavy traffic concentrations brought about by shoppers. Access to the Mills is difficult down narrow roads. These further events exacerbate traffic problems and the associated dangers. Historical evidence clearly demonstrated the proprietors of Tynwald Mills have scant regard for the interests of local residents in the pursuance of their interests, this is yet another demonstration of a cavalier approach towards a proper observance of planning laws and restrictions which have allowed the field which was once purely agricultural land to be stealthily encroached upon.
6.10 (7-4-16) The addition of a few shrubs and trees to this site does not alter the simple fact that this marquee should never have been erected in the first place and certainly is a most unsuitable adjunct to this valley which lies adjacent to the Tynwald National Park and Arboretum in an area of heretofore natural beauty. The overflow car park has become a permanent car park. The whole extended use is merely a pernicious encroachment on the original plans. No doubt, if this proposal is approved there will be further attempts at fresh encroachment.
6.11 (27-4-16) Observations on the Sanderson Associates report in respect of traffic impact. There is constant referral to the status of the site being an overflow car park, but no approval has been given for such. In the Sanderson's report it states that 35 spaces are available for staff on a permanent basis. They also refer to two large car parks, the overspill apparently accommodating 166 vehicles so there is no hint of it being temporary. Sanderson also note the frequent abuse of the statutory legal regulations concerning double yellow lines, para 2.6 stating 'it is more convenient for customers to use the highway and the prospects of enforcement of the law and fines are very low.' This is another example of Tynwald Mills' management treating the law as a matter only to be observed if convenient to its commercial interests otherwise to be cavalierly disregarded. Sandersons also note that whilst the ice rink is an attraction it has not materially added to the footfall of customers to the complex. However in Tynwald Mills letter of 16 November, the rationale for the marquee as an ice rink and associated Christmas activities was supported by the observation that 'the events are thought critical to the health of the retail business as Tynwald Mills. One states it does not add to footfall, the other that it is vital - which statement is economical with the truth.
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Lower Ballig 6.12 (11-12-15) Object. We are the closest neighbour to the subject property. Physically the property is not suited to and looks wholly out of place in this attractive rural environment. Retaining peace and quiet in the evening when the Mill shops are closed has always been a key condition to any commercial activity taking place at Tynwald Mills. The roads and access points to Tynwald Mills have been suffering increased erosion and damage for many years and are not suited to any further increases in traffic flows. Individual events involve heavy traffic flows all arriving and leaving at the same time - something the road network at Tynwald Mills cannot deal with effectively particularly in the evening or when dark. The field where the marquee sits has gradually been transformed by the Tynwald Mill owners from a typical rural field into an unattractive temporary car park. It has ruined a visually attractive part of the landscape and the problem is accentuated by the existence of a large white marquee which looks wholly out of place and should never be considered as a permanent feature. The marquee would be better located nearer to one of the main population centres on the Island with good road access points. Tynwald Mills have consistently abused the Planning system over the years and this retrospective application is just another example of securing planning via stealth. They have consistently overrun those events that have taken place to date at the marquee with significant music, noise and car movements going on until well after 1 am.
6.13 (11-4-16) Reiterate our continuing strong objection to this development. Consider there are dangers of a tent like marquee in this location, adjoining the River Neb and the large trees in this particular area. At least two trees have fallen unexpectedly in the last few years, one which crushed a van in the disabled parking space adjoining the Tynwald Mills Complex and the second within yards of the marquee just missing the children's playground. Both events came out of the blue, even though the trees are surveyed annually. If one fell on the marquee there could be disastrous consequences and fatalities. The amended landscaping plans try to hide what is obviously a completely unsuitable structure in such a beautiful countryside location. When leaves are not on the trees the marquee is seen not only within Tynwald, but also from Poortown Road. We would ask the Planning Committee to consider whether, if this was a new application for a permanent structure of this type, rather than a retrospective application, would they really consider allowing such a wholly inappropriate building to become a permanent feature of one of the Island's prettiest areas?
Assessment
7.1 In determining the application, members need to remember that the fact that approval is sought retrospectively should neither advantage nor disadvantage its consideration.
7.2 The main considerations in the determination of this application are: the principle of development; the impact on visual amenity and the character of the area; traffic and parking implications, and noise.
Principle of development 7.3 Although permission has been given for marquees on the site before, this application must be considered afresh and not as an extension of previous approvals as there is no current extant approval for a marquee on the site. It should be noted that the previously approved marquee was less than half the size (in terms of its footprint) of the current marquee and also lower in height. In addition, the marquee is to be in place all year round and it included use as an ice rink as well and for evening events
7.4 The Tynwald Mills complex has changed in character over the years from being a craft centre to an out of town shopping complex. Whilst the proposed uses of the marquee are not stated as being strictly retail, they are for promotional events and leisure events. This is not easy to define. In looking at activities that have taken place, these include evening functions, children's activities, car boot sales, afternoon teas and of course ice skating. The concept behind the marquee is to attract greater footfall to Tynwald Mills as part of joint trips.
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7.5 There is a well understood concept, set out in the Strategic Plan, that new development should be directed towards towns, and that there is, on the Island, a hierarchy of towns where uses should be directed. This not only benefits the vitality and viability of those towns, but means that the facilities are easily accessible by a wide range of people without having to use private cars. As expressed by one of the residents, there are other premises on the island where these uses can be provided. Furthermore, those activities that result in noise and disturbance are best placed in locations where noise and disturbance are to be expected - that is, town centres.
7.6 The site is not on land designated for development, but is land in the open countryside. Spatial Policy 5 and General Policy 3 seek to protect the countryside for its own sake. Exceptions are set out in the latter policy, but this development does not fall within any of those exceptions.
7.7 The St John's Local Plan is very clear in setting out that the Tynwald Mills development is considered to have reached its maximum size limit and that no further development should be allowed. This is primarily in response to the impact of the development on the road network and character of the area.
7.8 There is therefore no support in either the Local or Strategic Plans for any kind of development here. It is also concluded that there have been no other material considerations of sufficient weight to set aside the clear presumption that the countryside should be protected for its own sake.
Transport 7.9 As stated above, the St John's Local Plan expresses concern about the impact of Tynwald Mills on the surrounding road network, and the implications of the lack of parking at certain periods. Given this, the case officer requested a Traffic Impact Assessment.
7.10 Sanderson Consulting were commissioned by the applicant to provide the Assessment. In their report they examine the level of additional traffic drawn to the site by the facility and the impact on demand for available car parking spaces.
7.11 They note the characteristics of the development and its location relative to the towns on the island. They also note the capacity of the marquee, referring primarily to its capacity when used as an ice rink. The capacity of the ice rink is a maximum of 140 people although the operational limit is in the order of 100; occasionally 120 have been accommodated. In their analysis they have taken into account how the ice rink works. Skating is usually pre-booked although there are limited tickets available for each session on the door. It is also available for private sessions. Times of the sessions are 7.00pm-7.20pm except on Wednesdays, Fridays and Saturdays when the time is 8.40pm. It states that there is no session on Boxing Day (para 3.6).
7.12 The report shows that buses do stop in St John's and they indicate that buses are used by both staff and customers. They state that staff who walk to the site are provided with high viz jackets and torches. They note that there are no footpaths to the site.
7.13 The report indicates that the parking available to Tynwald Mills is as follows: Overflow car park - 166; Main car park - 166. Lane in front of Ballakilley - 17 Spaces near Children's wear - 7 Lane towards St John's Mill - 6 Along road outside shop - 10 Poortown Road - staff car park - 36
7.14 In addition to the spaces, at Christmas time, Tynwald Mills employ car park attendants to guide drivers. They note that even during the highest period of demand during their survey (27 December), there were 26 free spaces. They indicate that on the 'first day of sale' on 26th December there were a minimum of 71 free spaces and often over 100.
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7.15 The report states that the level of demand and attraction to the complex is typical of the busy Christmas conditions that arose before the ice rink was in operation and that although the ice rink is an attraction it has not materially added to the footfall of customers to the complex.
7.16 The consultants make the point that if adverse traffic conditions or car parking difficulties arose then this would likely deter customers from visiting the Tynwald Mills and would not, at this important period of trading, be in its best interest.
7.17 They conclude that 'the use of the marquee has had no material adverse impact on traffic and parking conditions at Tynwald Mills and that the change in the profile of the footfall of customers during the years of the ice rinks operation has assisted in a levelling out of use of the shopping centre during this period, so improving traffic conditions and ensuring the continued availability of parking facilities.'
Analysis of report 7.18 The consultants appear to believe that approval was already in place for a marquee and approval is only needed for the extension of time. This means that the starting point for the assessment is flawed as it is the impact of the introduction of the marquee that needs to be assessed.
7.19 In their assessment of available parking, the consultants refer to a number of areas where parking is available. There is no plan accompanying the report which indicates the areas of the spaces referred to.
7.20 It is suggested in the report that the overflow car park has 166 spaces, yet the accompanying plan indicates that there are 108.
7.21 The report also suggests that the car park at Poortown Road is used by staff. A site visit noted that this car park is in private ownership for users of St. John's Mill.
7.22 The report implies that there are 33 parking spaces on the highway and argues that using the spaces has no impact on the operation of the complex. However, many (approximately 20) of those spaces appear to be on the road where there are double yellow lines. The report acknowledges that some of the spaces on the highway are subject to parking restrictions but as they are (apparently) not enforced the consultants have rather surprisingly included them as being available for use. Irrespective of whether parking restrictions are enforced it is considered wholly inappropriate to count spaces on the road where it is illegal to park as 'available spaces'. In terms of whether parking on the highway impact on the operation of the complex, it is noted that all the roads are narrow and any parking on the road would reduce the width such that the road becomes single file, which, in busy times, would undoubtedly result in the interruption to the free flow of traffic.
7.23 The traffic report indicates at paragraph 3.6 that there is no ice skating session on Boxing Day, whereas rather confusingly the parking survey states for 26 December: 'Boxing day first day of sale shop open 10am to 5pm - Ice rink open 10.20-6pm'.
7.24 The report states that no one has complained to Tynwald Mills and no adverse situation has arisen. However, whether or not anyone has made complaint to Tynwald Mills is not a test of whether the parking or roads have capacity to cope with the level of demand. The report indicates that parking is busy at Christmas periods, as it is at all retail outlets. This is not in question, there is no doubt that this is a busy time and planners would not expect parking provision to be made to deal with the exceptional periods of the year. Nevertheless, the proposal results in increased floorspace, and further demand for parking. In terms of the ice skating rink, if the average group is 3 and the capacity is 120, then this would generate 40 additional cars. It is noted that the car parking survey shows capacity - however, the survey was taken after Christmas, and moreover is
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flawed for those reasons outlined above. At the time of the officer's site visit before Christmas all car parks were full, as was the loop road. It was clearly causing problems as the road has been reduced to single file with no passing spaces.
7.25 The report concludes that the use of the marquee does not impact on 'the level of additional traffic drawn to the site and the demand/availability of car parking facilities at the complex' and that the marquee has no material adverse impact on traffic and parking conditions.
7.26 The report primarily focuses on the availability of parking during the time when the ice rink is in operation. It does not address the other daytime or evening events throughout the year, nor does it address the adequacy of the roads and road junctions to deal with new or increased users. The applicant states that one of the purposes of the marquee is to generate increased footfall. It is also noted that some of the events provide for 200 guests. Dog shows and car boot sales are likely to generate additional traffic and traffic of a different type. Consequently, it is indisputable that the development will have an impact.
7.27 The access roads to Tynwald Mills are not suitable for a complex of this size, which is why the policy in the Local Plan seeks to resist additional development. The fact that what is proposed is a marquee does not mean what is proposed is not development. It is development, and it is development that it intended to attract users. These users are not just the drivers of cars at the time the ice rink is in use, but all those vehicles associated with all the events proposed to take place, including catering vans, equipment, and people visiting the marquee for evening events.
7.28 Access to the site is made either via Glen Mooar Road from Poortown Road, or from St John's. The junction at St John's appears to be adequate, but the road soon narrows to being single lane in places. There is little forward visibility and the banks either side are high. Passing is possible, but only with extreme care. Access from Poortown Road is not as good. The junction is very narrow and it is only possible to turn onto Glen Mooar Road using both side of the carriageway. Again passing is only possible with care.
7.29 Leaving the complex is possible via Glen Mooar Road onto Poortown Road but there is inadequate visibility looking right and a mirror is installed for that reason. When exiting via the Glen Mooar Loop Road onto the A3 it is only possible to turn left. Again, visibility is substandard, which is worsened by the speed of traffic.
7.30 Turning is also difficult at the small bridge which provides the junction between Glen Mooar Road and Glen Mooar Loop Road.
7.31 It is concluded that the proposed marquee and all its additional uses would result in an increase in volume of traffic to and from the site, sometimes using vehicles unsuited to the location, and that the increase would result in increased danger to all users of the highway. Consequently, the application should be refused on this basis.
Noise 7.32 At the outset of the consideration of the application, a noise report was sought. Although the applicant engaged consultants, they determined not to submit a report, rather to accept that the noise emanating from the marquee at the times that there would be events would result in the transmission of noise. The noise cannot be mitigated at such events, but it is proposed to limit these events to only 6 times per year. Whether it is appropriate to accept unneighbourly activity when there are other locations on the island that such events could take place is one consideration in itself; the other is how well the planning office could control the limitation on the number of events.
7.33 Whilst a condition could be added to restrict the number of times that late night events can be held, conditions were imposed regarding both the use of the marquee and its hours of operation on previous approvals but these were not adhered to. There must be concern about the willingness of
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the operators to comply with those conditions, but in any case the level of local objection received on grounds of noise substantiates that this is a material consideration and the conclusion outline above is such that this forms a reason to refuse the application.
Visual Impact 7.34 Whilst no approval can be found for the use of the land upon which the marquee sits as an overflow car park, the fact that it is used as such is referenced as far back as applications in the early 1990s. The land was, however, laid to grass until recently when crushed stone has been laid as a form of hardstanding. No approval has been given for these works which have altered the appearance of the land such that it does not look like a field anymore, but a permanent car park. Approvals have been given for marquees in the past, but at that time weight was given to the fact that marquees were already erected on the site (for which there was no approval), that it was only to be there in the summer months, and that it would not have the appearance of a permanent building. This proposal is for a much larger and more substantial marquee - and on a permanent basis. This, together with the hardstanding, completely alters the character of the field and area from being semi-rural to being more urban. The applicant's expressed view that the impact is less because the building does not have the appearance of a permanent structure is not one shared by officers.
Conclusion 7.35 The purpose of the planning system is not to discourage development, but to help enable appropriate development, particularly development that contributes to the economy. There are positive aspects of the proposal. The marquee does provide a space for functions and charity events.
7.36 However, whether events are for charity or otherwise should have little bearing in planning terms. Planning would have no control over whether or not any money raised by (for example) an evening disco or a car boot sale does or does not in fact go to charity, and even if it could it would be difficult to conclude this as being a material consideration sufficient to sway the otherwise negative conclusions outlined above towards a positive recommendation.
7.37 The location of any development is of fundamental importance to its acceptability. Any benefits of the use of the marquee are outweighed by the negative impacts that the development would bring, such as the increased hindrance to the safe and free flow of traffic, the increase in noise and disturbance at times of day that residents should be able to expect peace and quiet, a negative impact on the character of a sensitive rural area, and the potential harm to the vitality and viability of town centres.
Recommendation.
Party status (Standard Planning Application)
By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
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In this instance, it is recommended that the following persons have sufficient interest in the application due to the impact of noise and traffic and should be awarded the status of an Interested Person.
Cornmill Cottage, Glen Mooar Road, Mill House, Tynwald BallaKilley, St Johns Lower Ballig, Tynwald Mills
Recommendation
Recommended Decision:
Refused Date of Recommendation:
R 1. The marquee represents unwarranted development in the countryside contrary to Strategic Policy 2, General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2016 and Policy C/P/3 of the St John's Local Plan 1999.
R 2. The marquee, due to its size, appearance and design has a negative impact on the visual amenities of the rural area contrary to Strategic Policy 5 of the Isle of Man Strategic Plan 2016.
R 3. The development would increase footfall to a site not located within an existing settlement, which is not served well by public transport and is without adequate footpaths. The development would therefore encourage increased car usage contrary to sustainability principles and Strategic Policy 10, Spatial Policy 2 and Community Policy 2 of the Isle of Man Strategic Plan 2016.
R 4. Due to the inadequacy of the surrounding road network and road junctions to serve the development, there would be increased potential for conflict between cars, and between cars and other road users to the detriment of safety, contrary to Policy C/P/3 and paragraph 9.4 of the St John's Local Plan, and contrary to Strategic Policy 10, Transport Policy 1 and Transport Policy 4 of the Isle of Man Strategic Plan 2016.
R 5. The uses of the marquee proposed, particularly for evening events, would result in unwarranted and unacceptably unneighbourly levels of noise in an otherwise quiet and rural location to the detriment of the living conditions of neighbouring properties, contrary to part (iii) of Environment Policy 22 of the Isle of Man Strategic Plan 2016.
The applications plans are WL/15/1359 1, 2 and 3 received 24 November 2015 and PL405/1 received 24.3.16.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused Committee Meeting Date: 17.10.2016
Signed : J CHANCE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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